Campbell v. Lightner et al
Order DENYING 41 MOTION to Appoint Counsel and GRANTING 44 MOTION for Extension of Time. Plaintiff is directed to file any materials in opposition to Motion for Summary Judgment no later than 1/27/2017. Signed by Magistrate Judge Sonja F. Bivins on 1/6/2017. Copy mailed to Plaintiff. (srd)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
BLAKE LAMBERT, et al.,
CIVIL ACTION NO.: 14-00344-CG-B
This action is before the Court on Plaintiff Douglas Campbell’s
Motion for Appointment of counsel (Doc. 41) and Motion for Extension
of Time (Doc. 44).
Upon consideration, Campbell’s Motion for
Appointment of Counsel is DENIED, and his Motion for Extension of
Time is GRANTED.
Turning first to Plaintiff’s request for counsel, extant case
law provides that prisoners raising civil rights claims, like other
civil litigants, have no constitutional right to counsel.
Ricks, 983 F.2d 189, 193 (11th Cir. 1993).
Pursuant to 28 U.S.C. §
1915(e)(1), a court has broad discretion to appoint counsel for an
indigent plaintiff in a civil case only if exceptional circumstances
exist. Bass v. Perrin, 170 F.3d 1312, 1320 (11th Cir. 1999).
“Exceptional circumstances” include the presence of “‘facts and legal
issues [which] are so novel or complex as to require assistance of
a trained practitioner.’” Kilgo v. Ricks, 983 F.2d
193 (11th Cir.
1993); Dean v. Barber, 951 F.2d 1210, 1216 (11th Cir. 1992)(noting
appointment of counsel is not mandatory except in exceptional
circumstances where the complexity of the case or the competence of
plaintiff makes pro se prosecution of the claim fundamentally unfair).
A review of Campbell’s complaint reveals no exceptional circumstances
that would warrant the appointment of counsel.
consideration of all relevant factors, the undersigned finds that
Campbell’s request for appointment of counsel is due to be DENIED
at this time. This order is subject to reconsideration later if the
circumstances of the case change.
Also pending is Campbell’s request for additional time to file
materials in opposition to Defendants’ Motion for Summary Judgment.
Campbell’s request is GRANTED, and he is DIRECTED to file any materials
in opposition to Defendants’ Motion for Summary Judgment no later
than January 27, 2017.
DONE this 6th day of January, 2017.
/s/ SONJA F. BIVINS
UNITED STATES MAGISTRATE JUDGE
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